California, United States of America
The following excerpt is from People v. Potts, S072161 (Cal. 2019):
CALJIC No. 8.85 identifies several factors for the jury to consider, "if applicable," "[i]n determining which penalty is to be imposed." A trial court is not required to delete inapplicable mitigating factors, nor to identify whether factors are mitigating or aggravating. (Lopez, supra, 5 Cal.5th at p. 371.) "We have consistently rejected state and federal law claims that a trial court must specifically instruct on lingering doubt because the concept is sufficiently covered in CALJIC No. 8.85." (People v. Enraca, supra, 53 Cal.4th at p. 767.)
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